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PBS ILR refused postal application and interview

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

f317633
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Posts: 157
Joined: Thu Jun 02, 2011 4:32 pm

Re: ILR refused postal application and interview

Post by f317633 » Thu May 05, 2016 4:07 pm

omnishanti wrote:Hi all,
I applied ILR via post in December and its refused after 5 months. The caseworker refused it under section 322(2), 322(2A) and 322(5). I am feeling gutted and sad and need your help.
I have done amendments for 2010-11 returns and paid all the taxes in full in November, also I attached the new calculation in post. I received letter from home office for an interview in March. During interview they asked me about my self-employment in initial and extension applications. Then asked me about my taxes and why I have done the amendment, a form was also given which had few question related to self-employment.
Should I consider go for AR or fresh application?
Hi Omnishanti- sorry to hear about your refusal and it certainly looks like a wrong refusal since u already paid tha tax on your income of over 35k which is enough for you to gain points. However can you confirm if you are still self employed at the time of ILR application? R u salaried or self employed at the moment?

screenprint
Junior Member
Posts: 76
Joined: Tue Jan 26, 2016 8:25 pm

Re: ILR refused postal application and interview

Post by screenprint » Thu May 05, 2016 4:20 pm

You need to fight all corners.

It is a tough fight but you do not have any other options.

As once deception has being imposed all further application get rejected automatically.

Apply for Admin Review (they will upheld the decision) then apply again for JR and Hope for the best.

I have seen people who have done tax amendment and where sill able to get their ILR in past but I guess home-office are getting more strict now and any amendment is view as deception.

Very Sad.

wasi36
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Posts: 105
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Re: ILR refused postal application and interview

Post by wasi36 » Thu May 05, 2016 7:03 pm

Sorry to hear that. was your interview at TMInterview hub or at home office by the case worker. During interview did they focused on any 1 point and asked several question about that one point. May be your clintes, taxes,

wasi36
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Posts: 105
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Re: ILR refused postal application and interview

Post by wasi36 » Thu May 05, 2016 7:47 pm

Did you get paid your invoices directly from British banks and NHS or there was a 3rd party in between.

geriatrix
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United Kingdom

Re: ILR refused postal application and interview

Post by geriatrix » Thu May 05, 2016 7:55 pm

OP, has your PBS leave expired? If not, when is it due to expire?
Life isn't fair, but you can be!

omnishanti
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Re: PBS ILR refused postal application and interview

Post by omnishanti » Fri May 06, 2016 10:30 pm

My leave expired in December. I am still confused why caseworker didnt award me points even though I paid my tax on threshold.

omnishanti
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Re: ILR refused postal application and interview

Post by omnishanti » Fri May 06, 2016 10:36 pm

wasi36 wrote:Sorry to hear that. was your interview at TMInterview hub or at home office by the case worker. During interview did they focused on any 1 point and asked several question about that one point. May be your clintes, taxes,
It was mostly employment and some around tax. NHS and two Banks are ready to sponsor me Tier 2. I have lost faith in UKVI.

wasi36
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Posts: 105
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Re: PBS ILR refused postal application and interview

Post by wasi36 » Fri May 06, 2016 10:38 pm

My point is. They may be agree with all the docs provided but when some1 is called for an interview, and if there is difference between docs provided and your answer during interview. There is a large number of people lined up for interview and it is through TMInterview hub

ILR2015-2016
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Re: PBS ILR refused postal application and interview

Post by ILR2015-2016 » Fri May 06, 2016 11:19 pm

wasi36 wrote:My point is. They may be agree with all the docs provided but when some1 is called for an interview, and if there is difference between docs provided and your answer during interview. There is a large number of people lined up for interview and it is through TMInterview hub
Thanks for the info. Please can you give your visa timelines? When did you give biometrics and when did you receive an call for interview?

screenprint
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Re: PBS ILR refused postal application and interview

Post by screenprint » Sat May 07, 2016 8:28 am

@omnishanti

I am very sorry but you numbers don't add up in terms of Leave Remaining u have ? ( OP has a leave to Remain till December 2016 )

U Applied for ILR on Basis that you have spend 5 years on Tier 1 - General.

Did u have a third extension by any chance ?

Was there was a significant delay's in getting you decision in previous applications if so what was the reason, as I remember home office was quite quick in making decision in 2011,2012,2013,2014 up-till early 2015.

Please elaborate !

geriatrix
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Re: PBS ILR refused postal application and interview

Post by geriatrix » Sat May 07, 2016 1:01 pm

OP,

If your leave has expired,
Submit an AR. Don't expect that the outcome will change - this is only so that you can extend legal stay under section 3c for some time. While the AR is in progress it will give your potential Tier 2 sponsor(s) to conduct RLMT and issue you a CoS. Your legal stay will end the day the decision of AR is received and you must make a Tier 2 application within 28 days of receiving the AR decision.
Life isn't fair, but you can be!

cruis
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Re: ILR refused postal application and interview

Post by cruis » Thu May 19, 2016 10:00 pm

omnishanti wrote:Yes they mentioned that I changed my income declared to HO for tax avoiding purpose.
Hi omnishanti,

Sorry to hear all you are going through. Could you please suggest me

I have shown total 37k (23k as self empl + 14k as salaried) until Feb 2011 ... but for 2010-11 I have filed 35100 (19k self empl + 16k salaried (including march 2011 salary)). If you keenly observe that excluding my march 2011 (which I didn't show at my initial appl) salary then Home office will think that my figures of initial application as 33k (19k self emp + 14K salary)..Home office will say by what you declared until Feb 2011 (excluding March 2011) was 33k.

Because this was below my threshold, I thought it would it hugely impact my ILR Application and hurriedly made amendments to 10-11 returns in March 2016 and all paid and new revised SA302 figure is 39k (23k self empl + 16k salaried).

What documents do you think are reasonable in my case

BTW my extension and ILR are with fully salaried..

Do you think the intial appl would impact my ILR. Could you please let me know as I am goint for ILR next week.

Many Thanks

cruis
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Re: ILR refused postal application and interview

Post by cruis » Thu May 19, 2016 10:01 pm

ILR2015-2016 wrote:thanks Raj.would you please advise me how much would be the charges for PAP and JR?
Hi ilr2015-16,

Could you please suggest me

I have shown total 37k (23k as self empl + 14k as salaried) until Feb 2011 ... but for 2010-11 I have filed 35100 (19k self empl + 16k salaried (including march 2011 salary)). If you keenly observe that excluding my march 2011 (which I didn't show at my initial appl) salary then Home office will think that my figures of initial application as 33k (19k self emp + 14K salary)..Home office will say by what you declared until Feb 2011 (excluding March 2011) was 33k.

Because this was below my threshold, I thought it would it hugely impact my ILR Application and hurriedly made amendments to 10-11 returns in March 2016 and all paid and new revised SA302 figure is 39k (23k self empl + 16k salaried).

What documents do you think are reasonable in my case

BTW my extension and ILR are with fully salaried..

Do you think the intial appl would impact my ILR. Could you please let me know as I am goint for ILR next week.

Many Thanks

RRSB2012
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Re: PBS ILR refused postal application and interview

Post by RRSB2012 » Thu May 19, 2016 11:00 pm

Cruis,

My suggestion would be that you create a separate thread for your question rather than asking question in someone else's thread. In this way you will get more and better responses.

Answer to your question, In my opinion, Yes matters at your initial application may impact at ILR. reading the posts at the forum, we know that UKVI is checking the entire history.

Cheers
R

screenprint
Junior Member
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Re: PBS ILR refused postal application and interview

Post by screenprint » Fri May 20, 2016 7:50 am

@cruis

HO do not dig into that deep as the way you have explained, they are more concern that your tax return reflect's the points that you are claiming, in you case you only needed 35k and your SA302 does reflect this. But any way you have done the amendment it's good if situation do come to your initial tax returns than at-least you can say explains yourself and also show them that you have rectify your mistake/error way before your ILR.

Also please don't got to PEO but go for postal application and please do not add any SA302 or Self-Assessment Document in your postal file, keep it simple and hope for the best, if they wanted to check HMRC record, they can check it any ways as they have access to HMRC Data. So No Point of Sending these additional document's.

Why any one want to add these additional documents ? Why ? Have the ask about it ? :idea:

If you look into the recent trend the only people that had being called for the interview are the one who have send the Self-Assessment document e.g. like revise tax calculation or Account Letter explaining the tax discrepancy. Also cases where in past they manage to earn let say 15,000 in 3 months just before the initial or extension application's with made up invoices and the rest of year it's all nill business as per HMRC, such situation do raise concern with HO and this was the main reason that Tier 1 - General was Close.

lastly if you have used TOIEC in past than except a call for the interview



Keep it Simple!!! Best Advice Looking at the Current Situation.

Romeo007
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Re: PBS ILR refused postal application and interview

Post by Romeo007 » Fri May 20, 2016 9:36 am

Hi Screenprint,

I'm in the similar confusion as well whether to add previous SA302's, Im gonna apply next month and I did amend my tax for 2010-2011 and I have amended documents with me.

The issue here is since its 5 years old accounts HMRC doesn't amend the income details(Gross income, net income) ,they only amend the outstanding tax amount, so when you call normal HMRC self-assessment customer service line and ask for SA302's they will send the SA302 with previous figures ,not the new amended details..same when you ask them orally.

The only team who has the new tax manual calculation details is the compliance team(or they call it the special technical team or whatever), they do the amendments and they can send you the manual tax calculation,SA302's. But according to my knowledge .H.O checks with the self- assessment team which cant provide them the new updated earning details. so obviously the application gets rejected.

Few of my friends went to PEOs and the case worker asked why the figure is different even though they have amended and paid the taxes in full. Earlier days H.O rejected the application by saying ''deception'' nowadays they rejecting quoting ''dishonest''. As they can't call it a deception because tax is amended well before the application...so I would say its LUCK that matters..:))..

farwailr
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Re: PBS ILR refused postal application and interview

Post by farwailr » Fri May 20, 2016 11:03 am

Hi all, not a good news. One my friend’s friend had been interviewed three weeks ago and got refusal letter this morning. Caseworker asked him to send clients phone numbers and written explanation why he revised his tax figures. The cw refused him on being dishonest and business is not genuine as some clients didnt send back any confirmation.

vsk
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Re: PBS ILR refused postal application and interview

Post by vsk » Sun May 22, 2016 9:09 am

Hi Romeo007,

When you say amended 2010-11 tax returns and amended documents with you, did compliance team send you updated SA302 ? I mean all revised figures with no old figures ?

omnishanti
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Re: PBS ILR refused postal application and interview

Post by omnishanti » Tue May 24, 2016 11:43 am

Good news everyone, my solicitor submitted AR on 12th of May and today he received approval letter in post. Hope everyone in the process get approval soon. Please feel free to ask any questions.

ILR2015-2016
Junior Member
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Re: PBS ILR refused postal application and interview

Post by ILR2015-2016 » Tue May 24, 2016 12:08 pm

omnishanti wrote:Good news everyone, my solicitor submitted AR on 12th of May and today he received approval letter in post. Hope everyone in the process get approval soon. Please feel free to ask any questions.

Many Many congratulations:)

Aju2016
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Re: PBS ILR refused postal application and interview

Post by Aju2016 » Tue May 24, 2016 12:13 pm

omnishanti wrote:Good news everyone, my solicitor submitted AR on 12th of May and today he received approval letter in post. Hope everyone in the process get approval soon. Please feel free to ask any questions.

Hi omnishanti,

Congrats on getting ILR approved in AR, it would be very helpful if you can share what exactly your solicitor mentioned in AR, what kind of arguments were put for make it successful.

Please share

Aju

omnishanti
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Re: PBS ILR refused postal application and interview

Post by omnishanti » Tue May 24, 2016 12:29 pm

Hi Aju,

Because I paid the tax on threshold already so my solicitor focused on that. He explained the AR team that income required to get points for Tier 1 was enough. Also I am not tax expert so HMRC accept the margin of human error. Because of all this hassel of visa refusing I couldn't work for last three weeks , and my solicitor explained all this in covering letter and possible compensation from UKVI if they take this matter to JR.

aamirwani
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Re: PBS ILR refused postal application and interview

Post by aamirwani » Tue May 24, 2016 2:04 pm

omnishanti wrote:Hi Aju,

Because I paid the tax on threshold already so my solicitor focused on that. He explained the AR team that income required to get points for Tier 1 was enough. Also I am not tax expert so HMRC accept the margin of human error. Because of all this hassel of visa refusing I couldn't work for last three weeks , and my solicitor explained all this in covering letter and possible compensation from UKVI if they take this matter to JR.

omnishant
Was this AR or PAP?

cruis
Junior Member
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Re: PBS ILR refused postal application and interview

Post by cruis » Tue May 24, 2016 2:42 pm

omnishanti wrote:Good news everyone, my solicitor submitted AR on 12th of May and today he received approval letter in post. Hope everyone in the process get approval soon. Please feel free to ask any questions.
Hi omnishanthi,

Congratulations ! !

O_Relly
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Re: PBS ILR refused postal application and interview

Post by O_Relly » Tue May 24, 2016 9:27 pm

Congrats Omnishanti ! Unfortunate that people like you have to be put through this rigmarole because of the people who have abused the system!

Glad to hear that AR turned it around for you and that there is still hope for genuine applicants!
Cheers,
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